Page images
PDF
EPUB

CHAPTER III-NATIONAL RAILROAD ADJUSTMENT

BOARD

PART 301-RULES OF PROCEDURE carriers growing out o* grievances or out

of the interpretation or application of Sec. 301.1 General duties.

agreements concerning rates of pay, 301.2 Classes of disputes.

rules, or working conditions, including 301.3 Organization.

cases pending and unadjusted on the 301.4 Jurisdiction.

date of approval of this act (June 21, 301.5 Form of submission.

1934, 48 Stat. 1185; 45 U.S.C. 151–162). 301.6 General.

shall be handled in the usual manner up 301.7 Hearings.

to and including the chief operating 301.8 Appearances.

officer of the carrier designated to handle 301.9 Awards.

such disputes; but, failing to reach an AUTHORITY: The provisions of this part adjustment in this manner, the disputes 301 issued under sec. 3, 44 at. 578, es may be referred by petition of the amended; 45 U.S.C. 153.

parties or by either party to the approSOURCE: The provisions of this part 301 priate division of the Adjustment Board contained in Circular 1, Oct. 10, 1934, unless with a full statement of the facts and otherwise noted.

all supporting data bearing upon the $ 301.1 General duties.

disputes.

(b) No petition shall be considered by (a) It shall be the duty of all carriers,

any division of the Board unless the subtheir officers, agents and employees to

ject matter has been handled in accordexert every reasonable effort to make and

ance with the provisions of the Rallway maintain agreements concerning rates of

Labor Act, approved June 21, 1934. pay, rules, and working conditions, and to settle all disputes, whether arising out

§ 301.3 Organization. of the application of such agreements The National Railroad Adjustment or otherwise, in order to avoid any inter- Board was organized as of July 31, 1934, ruption to commerce or to the operation in accordance with the provisions of the of any carrier growing out of any dis

Railway Labor Act, approved June 21, putes between the carrier and the em- 1934. The said Adjustment Board is ployees thereof.

composed of four Divisions, whose pro(b) All disputes between a carrier or ceedings shall be independent of one carriers, and its or their employees shall another. The First, Second and Third be considered, and, if possible, decided, Divisions thereof are each composed of with all expedition, in conference be- 10 members, and the Fourth Division cween representatives designated and thereof is composed of 6 members. authorized so to confer, respectively, by

$ 301.4 Jurisdiction. the carrier or carriers and by the employees thereof interested in the dispute.

(a) First Division. The First Division

will have jurisdiction over disputes in8 301.2 Classes of disputes.

volving train- and yard-service employ(a) The disputes between an employee ees of carriers; that is, engineers, fireor group of employees and a carrier or men, hostlers, and outside hostler helpers,

50-065—714-19

conductors, trainmen, and yard-service employees.

(b) Second Division. The Second Division will have jurisdiction over disputes involving machinists, boilermakers, blacksmiths, sheet-metal workers, electrical workers, car men, the helpers and apprentices of all the foregoing, coach cleaners, power-house employees, and railroad-shop laborers.

(c) Third Division. The Third Divi. sion will have jurisdiction over disputes involving station tower, and telegraph employees, train dispatchers, maintenance-of-way men, clerical employees, freight handlers, express, station, and store employees, signal men, sleeping-car conductors, sleeping-car porters, and maids and dining-car employees.

(d) Fourth Division. The Fourth Division will have jurisdiction over disputes involving employees of carriers directly or indirectly engaged in transportation of passengers or property by water, and all other employees of carriers over which jurisdiction is not given to the First, Second, and Third Divisions.

must clearly and briefly set forth all rel. evant, argumentative facts, including all documentary evidence submitted in exhibit form, quoting the agreement or rules involved, if any; and all data submitted in support of carrier's position must affirmatively show the same to have been presented to the employees or duly authorized representative thereof and made a part of the particular question in dispute.

(f) Signatures. All submissions must be signed by the parties submitting the same.

(g) Ex parte submission. In event of an ex parte submission the same general form of submission is required. The petitioner will serve written notice upon the appropriate Division of the Adjustment Board of intention to file an ex parte submission on a certain date (30 days hence), and at the same time provide the other party with copy of such notice. For the purpose of identification such notice will state the question involved and give a brief description of the dispute. The Secretary of the appropriate Division of the Adjustment Board will immediately thereupon advise the other party of the receipt of such notice and request that the submission of such other party be filed with such Division within the same period of time,

§ 301.5 Form of submission.

(a) Parties. All parties to the dispute aust be stated in each submission.

(b) Statement of claim. Under the caption "statement of claims" the petitioner or petitioners must clearly state the particular question upon which an award is desired.

(c) Statement of facts. In a "joint statement of facts," if possible, briefly, but fully set forth the controlling facts involved. In the event of inability to agree upon a "joint statement of facts," then each party shall show separately the facts as they respectively believe them to be.

(d) Position of employees. Under the caption "position of employees” the employees must clearly and briefly set forth all relevant, argumentative facts, including all documentary evidence submitted in exhibit form, quoting the agreement or rules involved, if any; and all data submitted in support of employees' position must afirmatively show the same to have been presented to the carrier and made a part of the particular question in dispute.

(e) Position of carrier. Under the caption "position of carrier" the carrier

§ 301.6

General. (a) To conserve time and expedite proceedings all parties within the scope of the Adjustment Board should prepare submissions in such manner that the pertinent and related facts and all supporting data bearing upon the dispute will be fully set forth, thus obviating the need of lengthy briefs and unnecessary oral discussions.

(b) All submissions shall be typewritten or machine prepared, addressed to the Secretary of the appropriate Division of the Adjustment Board, and fifteen copies thereof filed by the petitioner or petitioners.

(c) Parties to a dispute are required to state in all submissions whether or not an oral hearing is desired.

$ 301.7 Hearings.

(a) Oral hearings will be granted if requested by the parties or either of them $ 301.9

Awards.

and due notice will be given the parties of the time and date of the hearing.

(b) The parties are, however, charged with the duty and responsibility of including in their original written submission all known relevant, argumentative facts and documentary evidence. $ 301.8 Appearances.

Parties may be heard either in person, by counsel, or by other representatives, as they may respectively elect.

All awards of the Adjustment Board shall be signed by order of the appropriate Division thereof and shall be attested by the signature of its Secretary, as indicated thus:

NATIONAL RAILROAD ADJUST-
MENT BOARD,
By Order of

Division
Attest:

(Secretary)

CHAPTER IV-OFFICE OF LABOR-MANAGEMENT

AND WELFARE-PENSION REPORTS,

DEPARTMENT OF LABOR

SUBCHAPTER A-LABOR-MANAGEMENT REPORTS

Part 401 402 403 404 405 406

408 409 417 451

Meaning of terms used in this subchapter.
Labor organization information reports.
Labor organization annual financial reports.
Labor organization officers and employees report.
Employer reports.
Reporting by labor relations consultants and other persons, certain agree-

ments with employers.
Labor organization trusteeship reports.
Reports by surety companies.
Procedure for removal of local labor organization officers.
Labor organizations as defined in the Labor-Management Reporting and

Disclosure Act of 1959.
General statement concerning the election provisions of the Labor-Manage-

ment Reporting and Disclosure Act of 1959.
General statement concerning the bonding requirements of the Labor-Man-

agement Reporting and Disclosure Act of 1959.

452

453

SUBCHAPTER B--WELFARE-PENSION REPORTS

460 Filing of description of employee welfare or pension benefit plans-annual

reports. 461 Certification of information by insurance carriers or service or other

organizations. 462

Variation from publication requirements. 463 Reporting requirements for plans covering less than 100 participants. 464

Basic bonding requirements. 465 Exemption from bonding requirements. 485 Prohibition against bonding by parties interested in the plan. 486 General statement concerning the retention of records provisions of the Wel

fare and Pension Plans Disclosure Act. 487-499 [Reserved)

« PreviousContinue »